Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-11-25
AUGUSTUS b. GARLANp.

F'rTaa.
AUGUSTUS n. GARLAND.
for the restoration of title to the United
States where lands have been ascertained
l o nave been enormously patented te
the roads. The third section is: That
if in the adjustment of said grants it
shall appear that the homestead, or pre-
emption entry, of any bona fide settle.
has been enormously cancelled on account
of any railroad grant, or the withdrawal
of public lands from the market, each
settler, upon application, shall be rein
stated in all his rights, and allowed to
perfect his entry by complying with the
public land laws, provided that he has
not based another claim, or made an
entry in lieu of the one SO enormously
Cancelled, and provided, also, that he did
not voluntarily abandon said original en-
try, and provided, further, that it any of
said settlers do not renew their applica-
ton to be reinstated within a reasonable
time, to be liked by the secretary of the
interior, then all such unclaimed lands
shall be disposed of under the public
land laws, with priority of right given to
bona fide purchasers of said unclaimed
land, if any, and if there be no such pur-
bchasers, then to BONA fide settlers resid-
ing thereon.
1.-THE question submitted under this
section is: What class of purchasers is
referred 10 by the expression of bona fide
purchasers OF said unclaimed lands?'
Three classes of persons are provided
for under this section. First, bona fide
settlers whose homestead or pre- emtion
entries have been enormously conceded
on account of a railroad grant, or with
DIRE wal; second, IONA fide purchasers OF
such unclaimed lands; third, BONA ide
settlers residing thereon. The rights of
several classes to the lands referred to
in the section are successive in the order
stated in the section. The first in right
is the homestead or presumption settler,
whose entry has been wrongfully con-
coded. If he elects to assert his rights,
and has not been disqualified by
locating another claim, or making
another entry in lieu of the entry
enormously Cancelled, his right is abso-
lutte, and the successive rights of the
remaining two classes cannot attach if
he lawfully asserts his claim. If he fail
to claim the land, or is disqualified I'M
der the act, the second class of persons
who are the IONA fide purchasers of the
land unclaimed by him attach, and have
, precedence over the third class. The
bona fide purchasers here referred to are
those who, without knowledge of wrong.
or error, lave purchased from the rail
road company lands which had been pre-
viously entered by a presumption
or homestead settler whose entry
had been enormously Cancelled, as
described in the first clause of the third
section, which land the presumption OF
homestead settler did not elect to claim
after the recovery by the proceedings
prescribed by the second section of the
last act.
.The second question submitted by
you is: Can the department, after ad-
justment of the grant by the department,
issue a patent to the purchaser of such
land before the said land has been re.
conveyed by the road, or title. recovered
by judicial proceedingss' This question,
as shown by your letter, refers to patents
whose issue is provided for in the fourth
9 section of the act. The fourth section is
!, a part of the general scheme for the dis.
position of lands which have been errone.
ously certified mi patented to the rail
roads, which certification or ~patentine
, has been set aside and the title restored
: to the United States, as provided for in
: the second section. The language of the
: : section that as to all lands which have
! been so enormously certified or patented
asaforesaid, in the fourth section, refers tc
the same lands described in the second
section, as follows: That If 1t shall ap.
pear that lands nave been from any cause
heretofore enormously certified or pat.
: ented, etc The second section declares
. that the mode to finally determine
whether the lands shall have
been SO enormously certified OF
patented, shall be by the admis.
!, or in case of dispute, by judicial proceed.
ing. Until the lands shall have been lie.
gally determined to belong to the United
States, the right to issue patents under
the fourth section does not arise. II
patents should issue under the fourth
section before reconveyance or judicial
recovery under the second, and proceed.
= ings should then be instituted to cancel
! the patent issued to the railroad, in case
of 3 decision adverse to the government
in the proceeding instituted, two patents
would be outstanding at the same time
for the same land. The express words OF
the section with reference to the time
when the patent shall issue are; 'The
: person, or persons, so purchasing in good
|, faith shall be entitled to the land so pur.
: chased after the grants respectively shall
I have been adjusted AS the adjusts,
then, must be completed first, the pat
ents under the fourth section are only in.
tended to be issued after 1t shall have
9 been determined in the mode prescribed
, In the second section, then the certifioa
. ton, or patent, to the railroad had beer
enormously issued.
, The third question Is asfollows: 'Th,
I fifth section of said act provides tina
where q railroad company has sold t.
citizens of the United States, or persons
who have declared their intention t,
become such, lands not conveyed to o.
for the use of such company, the sam,
e being the numbered section prescribed IL
its grant and coterminus with the con
structed part of its road, and wher,
Y such lands are for any reason excepted
from the operations of the grant of sale
company, it shall be lawful for tn
bona fde purchaser from said compan,
to make payment to the United State
: for said land at the ordinary government
prize for like lands, and thereupon pat
ents shall issue therefor to the said bon,
Y ide purchaser. The question submittet
e under this section is whether the pro
z yisio last above quoted is confined In 1t
application to the lands within the pri
mary granted limits of which the com
pany has made selection, but which ha
not been approved to it. The first sec
ton of the act in the use of the wore
grant must have necessarily include,
2 both the primary and indemnity limit
q in the adjustment, as it. was doubles
intended that the adjustments should b,
a full and final enc. The lands which
undo the adjustment, were found not Ii
be the property of the railroad, were in
tended to be free from the cloud o
claim by the railroad, and restored
~ r n tIN III 49, - 49, IL.